Detailed Answer — How Kansas handles assets that pass by right of survivorship
Short answer: assets that pass automatically by right of survivorship (for example, joint bank accounts titled with right of survivorship, real estate held as joint tenants with right of survivorship, or payable‑on‑death/transfer‑on‑death designations) generally pass outside probate and are not part of the decedent’s probate estate. As a result, they typically do not have to be included as assets of the probate estate on the court inventory. However, the personal representative should identify and document these transfers for the court and for heirs because the court or creditors may still need information about nonprobate transfers.
Kansas’s probate rules and practice focus inventory requirements on property that belongs to the decedent’s probate estate. For an overview of the Kansas probate statutes see K.S.A. Chapter 59: https://www.kslegislature.org/li/b2023_24/statute/59/
What “right of survivorship” means
Right of survivorship means ownership passes automatically to the surviving owner(s) when an owner dies. Typical examples include:
- Joint bank accounts titled as joint tenants with right of survivorship;
- Real estate titled as joint tenants with right of survivorship or tenants by the entirety (if available);
- Accounts or contracts that name a beneficiary or pay‑on‑death (POD) / transfer‑on‑death (TOD) payee;
- Many life insurance policies and retirement plans where a beneficiary is named — those proceeds go to the named beneficiary, not the probate estate.
Why you usually do not list survivorship assets on the probate inventory
Because these assets pass directly to the surviving owner or beneficiary outside the probate process, they are generally not estate property subject to administration. The probate inventory is primarily a list of property that the personal representative controls to administer for creditors and distribute to heirs under the will or intestacy rules.
When you should still disclose survivorship assets
Even though survivorship assets are not usually included as part of the estate, there are several practical reasons to document them when you open probate:
- Transparency. Courts and interested parties (creditors, beneficiaries) may expect the personal representative to identify significant nonprobate transfers so there is no confusion about who received what.
- Claims and accounting. Creditors and heirs sometimes dispute whether an asset really passed outside probate; documenting title and beneficiary designations helps avoid disputes. The personal representative may need to include a schedule or note of nonprobate transfers with the inventory or final accounting.
- Mixed accounts. If an account contains both probate funds and jointly titled funds, banks and the court may require an accounting or allocation before closing the estate.
- Local court practice. Some Kansas probate courts require a brief schedule or checklist identifying nonprobate assets even if they are not part of the inventory. Check local rules or the judge’s chamber practices.
Practical steps an executor or administrator should take in Kansas
- Obtain certified copies of the death certificate (banks and title companies will require them).
- Gather title documents and account statements for everything in the decedent’s name. Look for co‑owners or beneficiary designations.
- For each item, determine whether it is probate property (owned solely by the decedent with no valid beneficiary designation) or nonprobate (passes by survivorship or beneficiary). If unsure, note that position and preserve supporting documents.
- File the court‑required inventory for probate assets. If the local probate form or judge wants a schedule of nonprobate transfers, include one that lists the asset, how it transfers (joint tenancy, beneficiary, etc.), and the name of the recipient.
- Keep a clear paper trail: account statements, deeds, beneficiary forms, and correspondence with banks/title companies. That record will protect you if a creditor or heir questions your actions.
Example (hypothetical facts)
Hypothetical: A decedent owned a bank account titled “Alice Smith and Mother, joint tenants with right of survivorship” and a separate brokerage account solely in Alice’s name. Alice’s personal representative files probate for the brokerage account (probate asset). The bank account will automatically belong entirely to Mother by survivorship. The personal representative does not add the joint bank account’s balance to the probate inventory as an estate asset. The personal representative does, however, note in an inventory cover letter or a short schedule that the joint account exists, provide a copy of the title showing joint tenancy, and keep records showing the decedent’s interest passed to Mother by survivorship.
When to consult an attorney in Kansas
Talk to a Kansas probate attorney if any of the following apply:
- Title or beneficiary designations are unclear or disputed;
- A creditor is making a claim against property that appears to have passed by survivorship;
- There are mixed accounts, or you suspect someone improperly removed funds after the decedent’s death;
- Local court or the judge handling the estate requests a full schedule of nonprobate transfers;
- You are the personal representative and want guidance on how to present nonprobate items in the inventory or final accounting.
For a statutory starting point on Kansas probate law, see the Kansas statutes, Chapter 59: https://www.kslegislature.org/li/b2023_24/statute/59/
Disclaimer: This information is educational only and not legal advice. It summarizes common probate practice in Kansas and may not reflect the rules of every county court or specific facts. Consult a licensed Kansas attorney about your situation before taking action.
Helpful Hints
- Get several certified death certificates early: you will need them to change titles and collect nonprobate benefits.
- Make two lists: (1) probate assets to include on the formal inventory and (2) nonprobate assets that pass by survivorship or beneficiary designation. Keep supporting documents for both lists.
- Check bank titles carefully: words such as “joint tenants with right of survivorship” or “JTWROS” usually mean survivorship; “and” vs. “or” can matter. When in doubt, get a bank statement and an official bank determination in writing.
- Remember beneficiary designations on 401(k)s, IRAs, life insurance, and annuities typically override a will and avoid probate.
- If you find an account with both the decedent’s funds and other funds, segregate and document amounts before distributing anything.
- Ask the probate clerk or review local court forms: some Kansas counties provide inventory forms and guidance that specify what to list or disclose about nonprobate transfers.
- Keep clear communications with family members and beneficiaries to reduce the risk of misunderstanding or litigation.